The law in Maryland recognizes a civil action that may form the basis of a civil lawsuit for emotional abuse. That is the intentional infliction of emotional distress. Success with this claim requires the victim to prove that they endured significant mental suffering or distress either because of the intentional conduct of another person.
Maryland does not recognize a cause of action for the negligent infliction of emotional distress. However, a person who claims negligence may seek damages for pain and suffering as part of a negligence action that alleges physical injury.
Maryland has some specific requirements that must be met for a claim of infliction of emotional distress to succeed. To prove emotional harm, a person must show that their distress has a significant impact on their daily life. Specifically, the effect must be more than what a person would commonly experience in a similar situation. Generally speaking, a person’s distress must be so severe that they have had to seek treatment from a medical professional.
The victim of the claim for negligently inflicted emotional distress essentially must have been physically harmed also by the negligent party.
Lastly, again, the victim’s emotional distress must have been expressed in physical symptoms. These symptoms would be such conditions as post-traumatic stress disorder (PTSD), headaches, fatigue, weight loss, high blood pressure, or depression. A person would be more likely to succeed, which must be established by expert medical testimony.
A person would be more likely to succeed with their claim of negligent infliction of emotional distress if they were to be treated by a physician for the symptoms of the distress. A local attorney in Maryland would be able to analyze a person’s case and determine whether they have a claim for emotional distress.
A victim of the intentional infliction of emotional distress does not have to have been a bystander to the infliction of physical harm on a close relative. The requirements for success with a claim of intentional infliction of emotional distress are as follows:
- The responsible person must have intentionally or recklessly inflicted severe emotional distress on the victim.
- The responsible person must have been sure, or substantially sure, that the victim would experience emotional distress as a result of the person’s conduct.
- The conduct must have been something that could be characterized as “so extreme and outrageous” as to exceed “all possible bounds of decency,” “atrocious,” and “utterly intolerable in a civilized community.”
- The person’s actions must have caused the victim’s distress in fact.
- The victim’s emotional distress must have been “severe” and something that no reasonable person should be expected to have to endure.
Again, for the intentional infliction of emotional distress, the victim does not have to have been a bystander to the physical injuring of a closely related person, as is required in some states.
Does Emotional Abuse Need To Be Reported?
Certain professionals are required by Maryland law to report child abuse or neglect if they know of it or suspect it. Among the professionals who are mandated reporters are educational professionals, e.g., teachers, and healthcare professionals, e.g., doctors and nurses, human service workers and law enforcement officers. However, Maryland encourages all adults to report known or suspected abuse.
In Maryland, a report of child abuse or neglect must be made to the local Department of Social Services or the appropriate law enforcement agency as soon as possible. Within 48 hours of a report, the reporter should complete the reporting form DHR/SSA 180.
A copy of the form must also be provided to the local State’s Attorney’s office. If the reporter is employed in a hospital, public health agency, child care institution, school, detention facility, or similar institution, the staff shall immediately notify the head of the institution, e.g., in a school, the school principal.
In Maryland, abuse of a child may be emotional abuse. It includes conduct toward a child that inflicts serious emotional or psychological injury or mental anguish. This may include active abusive conduct such as the following:
- Repeatedly demeaning a child verbally
- Frequently shouting or yelling at a child
- Telling harsh jokes at the expense of a child
- Isolating a child.
Emotional abuse might also be passive in character, such as the following:
- Failing to provide a child with the emotional support and nurturing they need
- Withholding expressions of kindness or affection
- Subjecting a child to long periods of silence.
A person who has questions about their obligation to report would benefit from an attorney consultation. In some cases, mental abuse charges may also be filed in a Maryland criminal court.
Emotional abuse of vulnerable adults, e.g., those who are disabled and the elderly, is also specifically addressed by Maryland emotional abuse laws. A person abuses an elderly person when they knowingly and intentionally cause harm or the serious risk of harm to a vulnerable adult.
Family members can inflict elder abuse, and it may be a form of domestic violence in some cases. However, it is often perpetrated by other bad actors outside of a family, e.g., in a care home.
Maryland law protects adults with disabilities of any age from abuse, and, again, the abuse may be emotional. In Maryland, healthcare professionals, law enforcement officers, and human service workers who believe that a vulnerable adult is at risk of abuse or neglect are required to report their concerns to the local Department of Social Services.
If the mandated reporter is an employee of a hospital or public health agency, they must immediately notify the head of the institution as well.
The law’s purpose is to prevent or remedy neglect, abuse, or exploitation of vulnerable adults who are unable to protect their own interests. This might be because of age or disability of some sort. Abuse may include neglect or misuse of a vulnerable adult’s funds or care for the person’s mental health.
A person who thinks that they have been the victim of criminal domestic violence should report it to a law enforcement agency in the Maryland community in which they live.
In Maryland law, domestic violence is defined as inflicting physical injury or engaging in stalking, sexual abuse, strangulation, assault, or threatening violence, which is a form of emotional abuse. Or, it is domestic violence if it is perpetrated by one member of an unmarried couple on another.
A Maryland criminal defense lawyer would be able to offer a person guidance regarding criminal domestic violence charges.
How To Prove Emotional Abuse in Court?
A victim of emotional abuse should keep a journal of each incident of emotional abuse if they are able to do so. They would also want to hold onto any evidence that shows the abuse, such as text messages, emails, smartphone recordings, the testimony of witnesses, and medical records of treatment of the effects of the abuse.
A person should seek an evaluation by a licensed psychologist or doctor who may be able to document the symptoms of emotional abuse.
Emotional abuse is not physical by definition, but it may be inflicted along with conduct that constitutes physical or sexual abuse. A victim would want to prove that such conduct as the following took place:
- The use of offensive language and yelling
- Name-calling, mocking, and insults
- Verbal or physical threats or intimidation
- Isolation or exclusion of the victim from groups.
If a person is able to keep a journal, they would want to record the date of each episode with details of the abuser’s conduct, how it made the victim feel, and whether there were witnesses.
If a person does not experience the abuse firsthand, they want to talk to the abuse victim and try to document what happens as well as they can. An attorney consultation might help a person gather evidence to prove emotional abuse in court.
Can Someone Go to Jail for Emotional Abuse?
If the abuse meets the definition in Maryland law of criminal domestic violence or another crime, the perpetrator may be sentenced to time in jail or state prison. A person who perpetrates criminal domestic violence in Maryland may be arrested and charged with a crime or crimes. If they are convicted, they may face time in jail or even time in state prison. In addition, they may be subject to a protection order.
The exact punishment that may be imposed for criminal domestic violence depends on the nature of the crime. Of course, the criminal record of the perpetrator also plays a role in the punishment they may receive. Inflicting fear of injury, a type of emotional abuse, can qualify as criminal domestic violence.
It might be charged as a misdemeanor in Maryland, and a person convicted of the crime may be sentenced to a term of up to 12 months in jail and payment of a fine.
However, a person with prior convictions might be charged with a felony criminal offense and could face imprisonment and payment of a larger fine.
A judge may also grant a protective order to a person who is the victim of domestic violence. A protective order may require the perpetrator to end the abuse, stay away from the victim, refrain from contacting the victim, surrender any firearms, and move out of a shared residence. Violating a protective order is itself a crime.
What Are Some Legal Remedies for Emotional Abuse?
In Maryland, a number of remedies and legal protections are available for victims of domestic violence as follows:
- Protective Orders: Victims of domestic violence can get court orders for protection from abuse orders.
- Civil lawsuit: The victim may file a civil lawsuit to get compensation for their economic losses, such as medical bills, and for their pain and suffering.
- Custody/child or spousal support orders: These may be modified to prevent any further incidence of violence between spouses, parents of a child, children, or other people.
A person might sue for compensatory damages from a person who negligently or intentionally caused them emotional distress. Compensatory damages would cover a person’s economic and non-economic losses, e.g., pain and suffering.
There are several facts that courts consider when calculating damages for emotional distress. Some of them are as follows:
- Severity: Severity may be exhibited by the symptoms of anxiety, depression, or PTSD.
- Duration: Emotional distress that lasts for a longer time may be worth more in damages than that which lasts a shorter time.
- Physical Symptoms: A claim is stronger if it is associated with physical symptoms such as insomnia, weight loss, fatigue, or other health issues. Medical documentation of symptoms helps prove emotional distress.
- Daily Life: Evidence that distress has a negative effect on a person’s quality of life may lead to higher compensation.
Should I Hire a Lawyer for Help With Emotional Abuse Claims?
If you think you are the victim of emotional abuse or know someone else who is, you want to contact a Maryland personal injury lawyer. LegalMatch.com can connect you to a lawyer who can guide you in analyzing your situation and deciding whether a civil lawsuit is the right choice or whether other laws offer you the solutions you need.
